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ดุลพาห

a reasonable layperson. Crucially, in enforcing a law, should that government
28
agency fail to comply with the provisions regarding the regulatory impact

assessment (including stakeholder consultation or other requirements) under this
Bill but still criminally or administratively prosecute an individual (or a group of

people, or a company, etc.) on the ground that he or she is in violation of the said
law, the individual may elect to use such government agency’s failure to comply

with this Bill as a defense in the court of law. 29

Third, the Constitution provides another avenue for public participation in

the system of state administration, albeit central, regional, or local setting.
30
Ultimately, the State has a duty to maintain its administrative organs in line with

the principle of good public governance and the promotion of the benefits of the people.
Specifically, with regard to local governance, the Government shall respect the people’s

aspiration for self-government. Nonetheless, in setting up local administrative
organizations, considerations have to be given to the context of each location, such as

the capacity for self-government, the ability to generate revenue, the number and
density of the population, as well as the physical areas under administration.
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Furthermore, the Constitution envisages the management of a local administrative
body as an opportunity to cultivate a democratic value from the Grassroots level.

28. The detailed specifications of the central system together with the criteria for identifying stakeholders
will be published in a series of subordinate rules, guidelines, and manual shortly after the Bill comes into force.
29. Read Sections 5, 6, and 12 together, the Draft Bill on the Legislative Drafting Process (on file
with the author (Narun)). The Government may only enact the law to the extent of necessity. If the
Government fails in observing this duty, the Court may refuse to enforce the law in question. One of
the important prerequisites of the necessity requirement is to conduct a stakeholder consultation. As a
result, if the government agency fails to properly organize a stakeholder consultation, it fails to establish
the necessity requirement for the law it administers, opening up the possibility that the Court may
refuse to enforce the law.
30. Section 76, the Constitution.

31. Paragraph 1, Section 249, the Constitution.

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